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Federal trial over air con in Texas prisons begins with dispute over alleged heat-related deaths

March 31, 2026
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The Texas Department of Criminal Justice's Polunsky Unit in Livingston.
The Texas Division of Prison Justice’s Polunsky Unit in Livingston. Credit score: Texas Tribune / Mark Felix

There have been allegedly 5 heat-related deaths during the last two summers in Texas prisons, the plaintiff’s attorneys offered on the primary day of the federal trial over inadequate air con in these services.

The Texas Division of Prison Justice has not publicly acknowledged warmth as a major consider these deaths, and the state’s attorneys additionally pushed again in opposition to these claims through the Monday continuing.

The listening to in Austin adopted a March 2025 ruling from U.S. District Choose Robert Pitman that stated housing Texas jail inmates in sweltering services that lack air con is “plainly unconstitutional.” The Obama appointee declined on the time to pressure TDCJ to instantly set up non permanent or everlasting air con, which the company stated may value greater than $1 billion. The choose as an alternative pushed the plaintiffs — who’re asking for all the jail system to be air-conditioned by the tip of 2029, together with measurable milestones throughout that interval — towards a trial.

“TDCJ nonetheless refuses to deal with this as an emergency,” lawyer Kevin Homiak stated within the opening assertion for the plaintiffs, which embody a number of organizations advocating for these in prisons.

Wade Johnson, an lawyer defending TDCJ, countered that the company is ramping up audits, mitigation efforts and the addition of cool beds. He additionally stated the plaintiffs’ declare of deliberate indifference is an “extraordinarily excessive commonplace to satisfy.”

Three of the suspected heat-related deaths befell between June and August 2024, in accordance with the plaintiffs. The opposite two alleged instances occurred in July and August 2025. In all of those instances, their attorneys confirmed that there have been sweltering warmth indexes close to the time of their dying, together with some that reached effectively into the triple digits.

“Anytime you may have an elevated core physique temperature and … elevated environmental temperatures, warmth ought to be thought of,” stated Paul Uribe, a forensic pathologist who testified for the plaintiffs.

A few of the alleged heat-related deaths, nevertheless, didn’t have a recorded physique temperature — a niche that the plaintiffs’ consultants say TDCJ should handle to be able to absolutely perceive their deaths.

“How will you have a medical expert provide the proper opinion [about] the reason for dying when that medical expert doesn’t know the physique temperature?” Susi Vassallo, a medical toxicology specialist, stated.

Attorneys representing TDCJ argued that these deaths may very well be attributed to different points as an alternative, corresponding to drug toxicity. In addition they pushed the consultants to acknowledge that there are circumstances when first responders must prioritize different actions over taking physique temperatures, corresponding to offering first support.

Past these suspected instances, a minimum of 23 people died from heat-related causes in TDCJ prisons between 1998 and 2012, in accordance with court docket paperwork. Extra inmates and employees have additionally reported heat-related diseases.

All through the lawsuit, prices have emerged as a serious concern in including air-conditioning to state prisons.

TDCJ estimates that putting in everlasting air con in each unit would value greater than $1.1 billion and would include an annual working value of near $20 million, in accordance with court docket paperwork. Former TDCJ Govt Director Bryan Collier has beforehand stated he needed to put in air con in each jail however he merely didn’t have the funds to take action.

Plaintiffs have argued that the company may very well be extra aggressive in pushing for the funding.

“It’s rather a lot and it’s costly, however all it takes is cash,” Jeff Edwards, an lawyer for the plaintiffs, instructed the Texas Tribune. “And so in case you don’t ask for the cash, you’re by no means going to get it.”

The state Legislature has up to now repeatedly didn’t move any laws requiring air con in all Texas prisons, whereas offering a fraction of the fee estimate. For example, lawmakers offered $118 million in 2025 for air con installment, which the division stated would assist it add 18,000 extra cool beds. However this determine would nonetheless go away a major chunk of TDCJ’s inhabitants with out enough air con.

As of March 25, TDCJ reported that there are 52,438 cool beds accessible. Johnson stated Monday that the division expects to have 70,000 such beds prepared by the tip of summer season 2027.

The trial, which is being heard by Pitman as an alternative of a jury, is anticipated to final two weeks.

This text first appeared on The Texas Tribune.

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Tags: AirallegedconditioningdeathsdisputeFederalHeatrelatedprisonsstartsTexastrial
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